[G.R. No.

80505 :  December 4, 1990.]

192 SCRA 28
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs.  MARIO TANDOY y LIM, Defendant-Appellant.
 
DECISION
  
The decision of the Regional Trial Court of Makati, Branch 133 dated October 13, 1987, convicting Mario Tandoy of the
crime of violation of Art. II, Sec. 4 of Rep. Act No. 6425 known as the Dangerous Drugs Act of 1972, is before us on
appeal.
The information against the accused-appellant read as follows:
That on or about the 27th day of May 1986, in the Municipality of Makati, Metro Manila, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused without being authorized by law, did then and there
willfully, unlawfully and feloniously sell eight (8) pieces of dried marijuana flowering tops, two (2) pieces of dried marijuana
flowering tops and crushed dried marijuana flowering tops, which are prohibited drug, for and in consideration of P20.00.
Upon arraignment, Tandoy entered a plea of not guilty. After trial, Judge Buenaventura J. Guerrero rendered a decision
the dispositive portion of which declared:
WHEREFORE, the Court finds Mario Tandoy y Lim guilty beyond reasonable doubt of violation of Sec. 4, Art. II,
Rep. Act No. 6425, as amended, and is hereby sentenced to life imprisonment and to pay a fine of P20,000.00
and cost.: nad
The marijuana confiscated in this case is declared confiscated and forfeited and ordered turned over to the
Dangerous Drugs Board for proper disposal.
SO ORDERED.
The accused-appellant raises the following assignment of errors in this appeal:
1. The Court a quo erred in finding accused guilty beyond reasonable doubt of the crime charged despite lack of
evidence to prove that he sold marijuana to the poseur-buyer.
2. The Court a quo erred in admitting in evidence against the accused Exh. "E-2-A" which is merely a xerox copy
of the P10.00 bill allegedly used as buy-bust money.
The evidence of the prosecution may be summarized as follows:
On May 27, 1986, at about 3:30 p.m. Lt. Salido, Jr. of the Makati Police Station dispatched Pfc. Herino de la Cruz, and
Detectives Pablo R. Singayan, Nicanor Candolesas, Luisito de la Cruz, Estanislao Dalumpines, Antonio Manalastas and
Virgilio Padua to conduct a buy-bust operation at Solchuaga St., Barangay Singkamas, Makati.
The target area was a store along the said street, and Singayan was to pose as the buyer. He stood alone near the store
waiting for any pusher to approach. The other members of the team strategically positioned themselves. Soon, three men
approached Singayan. One of them was the accused-appellant, who said without preamble: "Pare, gusto mo bang
umiskor?" Singayan said yes. The exchange was made then and there — two rolls/pieces of marijuana for one P10.00
and two P5.00 bills marked ANU (meaning Anti-Narcotics Unit).
The team then moved in and arrested Tandoy. Manalastas and Candolesas made a body search of the accused-appellant
and took from him the marked money, as well as eight more rolls/foils of marijuana and crushed leaves.: nad
The arresting officers brought Tandoy to the Office of the Anti-Narcotics Unit, Makati Police Station, for investigation by
Detective Marvin Pajilan. The accused-appellant chose to remain silent after having been informed of his constitutional
rights.
These events were narrated under oath by De la Cruz, Singayan and Pajilan.  1 Microscopic, chemical and
chromotographic examination was performed on the confiscated marijuana by Raquel P. Angeles, forensic chemist of the
National Bureau of Investigation, who later testified that the findings were positive. The marijuana was offered as an
exhibit.  2
As might be expected, the accused-appellant had a different story. His testimony was that from 1:30 to 4:00 p.m. of the
day in question, he was playing "cara y cruz" with 15 other persons along Solchuaga St. when somebody suddenly said
that policemen were making arrests. The players grabbed the bet money and scampered. However, he and a certain
Danny (another "cara y cruz" player) were caught and taken to the Narcotics Command headquarters in Makati. There
they were mauled and warned that if they did not point to their fellow pushers, they would rot in jail. The accused-
appellant denied he had sold marijuana to Singayan and insisted the bills taken from him were the bet money he had
grabbed at the "cara y cruz" game.  3
The trial court, which had the opportunity to observe the demeanor of the witnesses and to listen to their respective
testimonies, gave more credence to the statements of the arresting officers. Applying the presumption that they had
performed their duties in a regular manner, it rejected Tandoy's uncorroborated allegation that he had been manhandled
and framed. Tandoy had not submitted sufficient evidence of his charges, let alone his admission that he had no quarrel
with the peace officers whom he had met only on the day of his arrest.
In People v. Patog,  4 this Court held:
When there is no evidence and nothing to indicate the principal witness for the prosecution was actuated by improper
motives, the presumption is that he was not so actuated and his testimony is entitled to full faith and credit.
Tandoy submits that "one will not sell this prohibited drug to another who is a total stranger until the seller is certain of the
identity of the buyer."
The conjecture must be rejected.: nad
In People v. Paco, 5 this Court observed:
Drug-pushing when done on a small level as in this case belongs to that class of crimes that may be committed at anytime
and at any place. After the offer to buy is accepted and the exchange is made, the illegal transaction is completed in a few
minutes. The fact that the parties are in a public place and in the presence of other people may not always discourage
them from pursuing their illegal trade as these factors may even serve to camouflage the same. Hence, the Court has
sustained the conviction of drug pushers caught selling illegal drugs in a billiard hall (People v. Rubio, G.R. No. 66875,
June 19, 1986, 142 SCRA 329; People v. Sarmiento, G.R. No. 72141, January 12, 1987, 147 SCRA 252), in front of a
store (People vs.  Khan, supra) along a street at 1:45 p.m. (People v. Toledo, G.R. No. 67609, November 22, 1985, 140
SCRA 259), and in front of a house (People v. Policarpio, G.R. No. 69844, February 23, 1988).
As the Court has also held, "What matters is not an existing familiarity between the buyer and the seller but their
agreement and the acts constituting the sale and delivery of the marijuana leaves."  6
Under the second assigned error, the accused-appellant invokes the best evidence rule and questions the admission by
the trial court of the xerox copy only of the marked P10.00 bill.
The Solicitor General, in his Comment, correctly refuted that contention thus:
This assigned error centers on the trial court's admission of the P10.00 bill marked money (Exh. E-2-A) which, according
to the appellant, is excluded under the best evidence rule for being a mere xerox copy. Apparently, appellant erroneously
thinks that said marked money is an ordinary document falling under Sec. 2, Rule 130 of the Revised Rules of Court
which excludes the introduction of secondary evidence except in the five (5) instances mentioned therein.:-cralaw
The best evidence rule applies only when the contents of the document are the subject of inquiry. Where the issue is only
as to whether or not such document was actually executed, or exists, or in the circumstances relevant to or surrounding
its execution, the best evidence rule does not apply and testimonial evidence is admissible. (Cf. Moran, op. cit., pp. 76-77;
4 Martin, op. cit., p. 78.)
Since the aforesaid marked money was presented by the prosecution solely for the purpose of establishing its existence
and not its contents, other substitutionary evidence, like a xerox copy thereof, is therefore admissible without the need of
accounting for the original.
Moreover, the presentation at the trial of the "buy-bust money" was not indispensable to the conviction of the accused-
appellant because the sale of the marijuana had been adequately proved by the testimony of the police officers. So long
as the marijuana actually sold by the accused-appellant had been submitted as an exhibit, the failure to produce the
marked money itself would not constitute a fatal omission.
We are convinced from the evidence on record that the prosecution has overcome the constitutional presumption of
innocence in favor of the accused-appellant with proof beyond reasonable doubt of his guilt. He must therefore suffer the
penalty prescribed by law for those who would visit the scourge of drug addiction upon our people.
WHEREFORE, the appeal is DISMISSED and the challenged decision AFFIRMED in toto, with costs against the
accused-appellant.: nad
SO ORDERED